Case Note & Summary
The dispute arose from the appellant’s attempt to rectify her date of birth in her school records. The appellant, employed as a Typist in the District Judiciary, had her date of birth recorded as 04.04.1967 in her SSLC, higher secondary marksheets and Transfer Certificate. Subsequently, in 2007, a birth certificate was issued by the Chennai Corporation indicating her date of birth as 25.05.1968. She filed a civil suit in 2011 seeking a declaration of her correct date of birth; the suit was partly decreed, declaring her date of birth as 25.05.1968 as per the birth certificate. Later, she moved a writ petition seeking a direction to the school education authorities to correct the date of birth in her marksheets and Transfer Certificate accordingly. The learned Single Judge dismissed the writ petition, holding that as a government employee, she could not seek alteration of her date of birth at the fag end of her service and that her application was barred by limitation under the service rules, which require any such application to be made within five years of appointment. The present writ appeal was filed challenging that order. The Division Bench examined the issue and affirmed the Single Judge’s reasoning. It emphasised that the employer-employee relationship is contractual, and based on the school records appointments are made. An opportunity was provided to alter the date of birth within five years; any subsequent application is not maintainable. Consequently, the date of birth in school records became final for service purposes. The Court held that the appellant was not entitled to the relief and dismissed the appeal with no order as to costs.
Headnote
A) Service Law - Alteration of Date of Birth - Compliance with Service Rules - Service Rules (Five-Year Limitation) - The appellant, employed as a Typist in District Judiciary, sought correction of her date of birth in school records based on a birth certificate issued by the Chennai Corporation in 2007, after her date of birth was originally recorded as 04.04.1967. The court held that employees cannot seek alteration of date of birth at the fag end of service; the service rules require application within five years of appointment, and any application thereafter is not maintainable; the date of birth in school records becomes final for service purposes, and the subsequent birth certificate and partial decree of civil court do not override the binding nature of service conditions (Paras 3-4). Held, the writ appeal was dismissed.
Issue of Consideration
Whether an employee who has obtained a subsequent birth certificate can seek correction of date of birth in school records after the expiry of the five-year period prescribed under service rules.
Final Decision
The writ appeal was dismissed with no order as to costs. The court upheld the single Judge's order that the appellant was not entitled to the relief of alteration of date of birth.
Law Points
- Legal points not extracted
- Employees bound by date of birth in school records for service purposes
- application for correction must be made within 5 years of appointment
- delay bars relief
- subsequent birth certificate does not override service rules
- contractual nature of employment
Case Details
2025 LawText (MAD) (03) 45
S.M.Subramaniam, K.Rajasekar
Ms.Pavithra Devi.V for Mr.K.Murugan (Appellant); Mr.J.C.Durairaj, Additional Government Pleader (Respondents)
1. The Director, Department of School Education, Samagra Shiksha, Tamil Nadu; 2. The Joint Director (NSS), Directorate of School Education; 3. The Secretary, Board of Secondary Examinations (X Standard); 4. The Secretary, Board of Higher Secondary Examinations (XII Standard); 5. The District Educational Officer (Secondary) North, Chennai; 6. The Head Mistress, Government Girls School, Villivakkam, Chennai
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Nature of Litigation
Writ appeal against dismissal of writ petition seeking correction of date of birth in school marksheets and transfer certificate based on subsequent birth certificate.
Remedy Sought
Appellant sought direction to respondents to correct her date of birth as 25.05.1968 instead of 04.04.1967 in SSLC, 12th marksheets and Transfer Certificate based on birth certificate issued by Chennai Corporation in 2007.
Filing Reason
Appellant's date of birth recorded in school records was 04.04.1967; she obtained a birth certificate in 2007 showing 25.05.1968 and sought correction accordingly.
Previous Decisions
The writ petition WP.No.35542 of 2024 was dismissed by learned Single Judge on 09.01.2025. Earlier, a civil suit O.S.No.7033 of 2011 was partly decreed by XVIII Assistant City Civil Judge, Chennai, declaring the appellant's date of birth as 25.05.1968.
Issues
Whether the appellant is entitled to correction of her date of birth in school records despite having failed to apply within the prescribed time under service rules and having obtained a birth certificate subsequent to her appointment.
Submissions/Arguments
Ratio Decidendi
Employees cannot seek alteration of date of birth at the fag end of their service. As per service rules, application for correction of date of birth must be submitted within five years from the date of appointment; any application thereafter is not maintainable. The date of birth recorded in school records becomes final for service purposes, and the relationship between employer and employee is contractual, binding the parties to the recorded date.
Judgment Excerpts
Employees after securing employment cannot seek alteration of date of birth at the fag end of their service.
Even as per the Service Rules, application for alteration of date of birth is to be submitted within a period of five years from the date of appointment. Any application submitted thereafter is not entertainable by the employer and therefore, the date of birth mentioned in the school records became final as far as the service is concerned.
Procedural History
The appellant's date of birth was recorded as 04.04.1967 in her school records. In 2007, a birth certificate was issued by Chennai Corporation showing her date of birth as 25.05.1968. She filed Civil Suit O.S.No.7033 of 2011 for declaration of date of birth, which was partly decreed on unspecified date, declaring her date of birth as 25.05.1968. She filed Writ Petition WP.No.35542 of 2024 seeking correction of school records, which was dismissed by the Single Judge on 09.01.2025. She filed the present writ appeal, which was dismissed on 28.03.2025.
Acts & Sections
- Letters Patent, 1865: Clause 15
